343 research outputs found

    Consumer Motivation in Trademark and Unfair Competition Law: On the Importance of Source

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    Consumer Motivation in Trademark and Unfair Competition Law: On the Importance of Source

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    Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case

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    This article will first provide a brief history of the jurisdictional controversy between federal courts and between federal courts and state courts. Then, the question will be examined of how the subject matter jurisdictional question has been resolved with respect to patent attorney malpractice cases to the extent it has been to date in the federal and state courts. The manner in which the case-within-a-case doctrine or methodology has been used in deciding the jurisdictional question will also be investigated. In addition, the relevance of the use of the judgment or non-judgment model to determine patent attorney malpractice will be explored. Consideration will also be given to those decisions that have opposed a broad imposition of federal jurisdiction over malpractice cases involving patent attorneys. In conclusion, some general observations will be offered concerning the jurisdictional and substantive issues raised in patent attorney malpractice cases. A detailed discussion of all jurisdictional issues arising in patent attorney malpractice cases, however, will not be undertaken here as the focus of this article is the case-within-a-case methodology in the resolution of the basic question of whether there is federal or state jurisdiction over the case

    Reverse Informed Consent: The Unreasonably Dangerous Patient

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    Latrogenic injuries\u27-those caused by health care professionals (HCPs) in the course of treating patients-raise significant ethical, legal, and public policy issues.\u27 With the advent of the AIDS epidemic, these issues become even more difficult when the iatrogenic injury results not from the patient\u27s having received treatment below the professional standard of care (which is the usual grist for the malpractice mill) but from an infectious condition of the HCP. Considerable public attention has been directed to patients who have been exposed to the risk of AIDS by HIV-positive HCPs.6 It is difficult to be unmoved by the tragic example of Kimberly Bergalis and five other patients who contracted AIDS after being treated by a dentist who died of AIDS shortly thereafter.\u27 The public outcry of Physician, heal thyself\u27 was immediate, as were governmental proposals for dealing with the perceived problem. Responses from various interest groups were equally swift and effective.\u27 Despite the flood of proposals and recommendations, however, there appears to be an absence of political will to address the problem; the task therefore is thrown to the legal system. In this instance, the law of torts will be asked to provide the theories of recovery for patients who are infected with HIV by HCPs.\u2

    Early handling and repeated cross-fostering have opposite effect on mouse emotionality

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    Early life events have a crucial role in programming the individual phenotype and exposure to traumatic experiences during infancy can increase later risk for a variety of neuropsychiatric conditions, including mood and anxiety disorders. Animal models of postnatal stress have been developed in rodents to explore molecular mechanisms responsible for the observed short and long lasting neurobiological effects of such manipulations. The main aim of this study was to compare the behavioral and hormonal phenotype of young and adult animals exposed to different postnatal treatments. Outbred mice were exposed to (i) the classical Handling protocol (H: 15 min-day of separation from the mother from day 1 to 14 of life) or to (ii) a Repeated Cross-Fostering protocol (RCF: adoption of litters from day 1 to 4 of life by different dams). Handled mice received more maternal care in infancy and showed the already described reduced emotionality at adulthood. Repeated cross fostered animals did not differ for maternal care received, but showed enhanced sensitivity to separation from the mother in infancy and altered respiratory response to 6% CO2 in breathing air in comparison with controls. Abnormal respiratory responses to hypercapnia are commonly found among humans with panic disorders (PD), and point to RCF-induced instability of the early environment as a valid developmental model for PD. The comparisons between short-and long-term effects of postnatal handling vs. RCF indicate that different types of early adversities are associated with different behavioral profiles, and evoke psychopathologies that can be distinguished according to the neurobiological systems disrupted by early-life manipulation

    Recovery of baseline renal function after treatment for prolonged in-stent artery thrombosis, in a COVID-19 positive patient: a case report

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    Objective: Acute renal in-stent thrombosis is common, especially after complex endovascular treatments, or in case of risk factors such as Covid-19 infection. Irreversible renal damage occurred when the renal artery was occluded for more than 3 hours. In this case, we present a case of renal function recovery after thromboaspiration of a renal stent thrombosis for more than 72 hours. Case presentation: A 88-year-old man who tested positive for COVID-19 presented to the emergency room with dyspnea and anuria. He referred a previous complex endovascular intervention with the triple chimney technique (ChEVAR). More than 72 hours passed between the onset of symptoms to the diagnosis of acute renal intra-stent thrombosis. He underwent urgent thromboaspiration with neurovascular devices returning to his baseline renal function. Conclusion: Despite the prolonged ischemia, renal revascularization with thromboaspiration restored renal function and rescued the remaining renal parenchym
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